Pennsylvania State Police v. Swinehart

OPINION BY

Judge COHN.

The Pennsylvania State Police (PSP) appeal from an order of an Administrative Law Judge (ALJ) with the Office of Attorney General that upheld Larry L. Swine-hart’s appeal from the denial of his firearm application and restored his firearm privileges.

The following facts are pertinent. Swinehart had been convicted in 1985 of filing false and fraudulent tax returns under Section 268 of the Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6, as amended, 72 P.S. § 7268(a), a state crime punishable by up to three years imprisonment. On May 21, 2001, he attempted to purchase…